Laserfiche WebLink
DEED OF TRUST � o�. i o o i 2 � <br />IContinued) Page 4 <br />Security Interest. Upon request by Lender, Trustor shall take whatever action is requasted by Lender to perfect end continue Lender's <br />security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender <br />may, at any time and without further authorizativn from Trustor, file executed counterparts, copies or reproductions of this Peed of <br />Trust as a financing statement. 7rustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security <br />interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon dafault, T'rustor shall <br />assemble any Personal Property not affixed to the Proper[y in a manner and at a place reasanably convenient to Trustor end Lender <br />and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable <br />law. <br />Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security <br />interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first <br />page of this Deed of Trust. <br />FUR7H�R ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of <br />this Deed of Trust: <br />Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, desds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certifica[es, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's abligations under the Note, this Deed of Trust, and <br />the Related Documents, and (21 the lians and security interests created by this Deed of Trust es first and prior liens on the Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohi6ited 6y law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for all costs and expenses incurred in connectinn with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do sa tor and in the name <br />of Trustor and at Trustor's expense. Fpr such purpos�s, Trustpr hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing ell other things as may be necessary or desirable, in l.ender's <br />sole apinion, to accomplish the matters referred to in the preceding paragraph. <br />FUII, P�RFdRMANCE. If earrower and Trustqr pay all the Indebtedness, including without limitation all future advances, when due, and <br />Trustar otherwise performs all the o6ligatinns imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a <br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of terminatipn of any financing statement on file <br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by <br />Trustor, if permitted by applicable law. <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Pefault under this Deed of Trust: <br />Paymant Default. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. 8orrower or Trustor fails to cnmply with or tn perform any other term, obligation, covenant or candicion contained in <br />this Deed of Trust or in any of the Related Documents ar to camply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement �etween Lander and Bprrower or 7rustor. <br />' Compliance Default. Failure to comply with any other term, o6ligatipn, covenant or condition conteined in this Deed of Trust, the Note <br />or in any pf the Related Dpcuments. <br />Dafault on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or eny other peyment necessary to prevent filing of or to effect discharge of any lien. <br />Environmental [7efault. Failure of any party tn npmply with nr perform when due any term, obligation, covenant or condition contained <br />in any environmental agreement executed in connection with the Property. <br />Default in Favor of Third Parties. 5hould Borrower or any Grantor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any ather agreement, in favpr of any pther creditor or person that may materially affect any of <br />Borrower's or any Grantor's property or Borrower's a6ility to repay the Indebtedness or Borrower's or Grantor's ability to perform their <br />respective obligations under this Deed of Trust or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Trustor or on Borrower's or <br />Trustor's 6ehalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Cnllateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure <br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. <br />17eath or Insolvency. 7he death of Borrnwer or Trustor, the insolvency nf Borrnwer ar Trustor, the appointment of a receiver for any <br />part of Borrower's or Trustor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />commencement of any prpceeding under any bankruptcy or insplvency laws by or against Borrower pr 7rustor. <br />Creditor or Forfeiture Prpceedings. Commencement of foreclosura pr fqrfeitura prpceedings, whether 6y judicial proceeding, self-help, <br />repossession nr any other method, by any creditor of Borrower nr Trustor or by any governmental agency against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not apply if there is a gpod faith dispute 6y Borrower or Trustor as to the validity or <br />reasona6leness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Trustnr gives Lender written <br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Trustor under the terms of any other agreement between Borrower or <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitetion any agreement <br />aoncerning any ind�btedness ar other pbligatipn of Bprrower or Trustor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, nr eccommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, ar accommodation party dies or becpmes incompetent, pr <br />revokes or disputes the validity of, or liability under, any Guaranty pf the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender 6elieves the prospect of <br />payment or pertprmance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right tp Cure. If any default, other than a default in payment is curabla and if Trustor has npt been given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12) mnnths, it may be cured if 7rustor, after Lender sends written <br />notice to Borrower demanding cure of such default: (1) cures the default within twenty (20) days; or (2) if the cure requires more <br />than twenty (201 days, immediately initiates steps which Lendsr deems in Lander's sole discretion to be sufficient to cure the defaul[ <br />and thereafter cnntinues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGH7S AND REMEDIES ON DEFAULT. If an �vent of Default occwrs under this Peed of Trust, at any time thereafter, Trustee nr Lender <br />may exercise any one or more of the following rights and remedies: <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured her�by, <br />Lender may declare all Indebtedness sacured by this Deed of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. 7hereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />